The National Prosecuting Authority (NPA) has come out in support of the chief prosecutor of Pretoria’s decision to withdraw charges against advocate Gerrie Nel, head of the Scorpions in Gauteng, it said on Friday.
The Pretoria Regional Court this week withdrew charges of corruption and defeating the ends of justice against Nel.
”The NPA wishes to stress that it has full confidence in the decision of the chief prosecutor. However, the NPA notes with concern allegations of impropriety about his decision to withdraw charges against Nel,” spokesperson Tlali Tlali said.
He said the NPA played no role in the speed with which the matter was enrolled.
”A docket on the investigation was presented to the chief prosecutor, who evaluated it. Once evaluated, the matter was brought before court where charges were withdrawn due to a lack of evidence. The case was considered, based on its merit,” Tlali said.
He also slammed the media for making statements based on incorrect information.
”Nel has never had any association with the apartheid riot cases as many [media] suggested. He was never a member of the Broederbond or any secret organisation,” he said.
Nel was a junior prosecutor in the Chris Hani murder case.
Tlali said the NPA is prepared to reconsider the docket once the police investigation into Nel has been concluded.
”We will never harbour criminals or shield them from prosecution. The NPA has never hesitated to act and have acted against our own staff before,” he said.
The South African Police Service this week accused the NPA of trying to obstruct the probe into Nel.
The probe into Nel was continuing, Superintendent Lungelo Dlamini said in a statement on Tuesday. Although the police respected the court’s decision, it was ”not surprised” at the outcome.
Dlamini said the police presented acting national director of public prosecutions Mokotedi Mpshe with an application to outsource the prosecution on January 9. ”This application was motivated by evidence that suggests an intent to obstruct the investigation and prosecution by senior members of the NPA.”
Nel was arrested at his Pretoria home in front of his wife and children at roughly 9pm last Tuesday by about 20 armed police officers. — Sapa